User agreement (Terms and Conditions)

1. General provisions

1.1 Scope

These general terms and conditions apply in the version valid at the time of the conclusion of the contract for all business relationships between us El Investments & Trading UG (haftungsbeschränkt), Rosenthaler Straße 72 a, 10119 Berlinand you. If you use conflicting Terms and Conditions, this is hereby expressly contradicted.

1.2 Contract agreement

Contract language is German. The display option in other languages (translations of the Terms and Conditions in other languages) is only for assistance.

To use our platform, you must be of legal age or must have the consent of the legal representative.

“Users” shall mean all persons using the functions of our platform, including our clients.

“Suppliers” shall mean users posting advertisements about their offers through our website.

“Interested persons” shall mean users that are interested in advertised offers.

1.3 Registration (free-of-charge use agreement)

To use our website to the full extent, you should first create an account. At this stage, we ask for data that are necessary to provide services. Accounts are confirmed by clicking “Register”. To confirm your email address, you will receive an email. Once you confirm your email address, the registration will be completed. By registering you conclude a free-of-charge use agreement with us.

An alternative registration option is registration through the existing Facebook account. To do this, click on “Facebook login”. You will be redirected to www.facebook.com (provided by Facebook Inc. 1 Hacker Way, Menlo Park, CA 94304, USA). Then you enter your Facebook login data and click “Enter”. Facebook privacy policy and terms and Facebook terms and conditions apply to Facebook services. By registering here, you also conclude a free-of-charge use agreement with us.

The password allowing you to access your personal profile must be strictly confidential and must be never transferred to third persons. You shall take appropriate and reasonable measures to prevent a third party from knowing your password. The account cannot be transferred to other users / clients or other third parties. We shall not be responsible for the damage caused by the incorrect use of the password.

1.4 Conclusion of contract between supplier and interested party

The conclusion of contract between supplier and interested party takes place individually by offer and acceptance. We only offer you our platform for presentation purposes and contact. If contract is concluded between supplier and interested party, we will not become contracting party.

1.5 Subsequent modification of the User Agreement (Terms and Conditions)

We have the right to the additional adaptation and amendment of the provisions of the User Agreement (Terms and Conditions) concerning the existing business relations, if this is required by law or judicial practice or caused by other circumstances, in order to preserve the equivalence of the agreement. Additional modification of the provisions of the User Agreement (Terms and Conditions) becomes effective unless you object to these changes within six weeks after being notified of these changes. We shall inform you of the commencement of this period and of the effect of your silence on the adoption of changes to the User Agreement (Terms and Conditions) and shall enable you to make an explicit statement within this period. If your objections are timely received, both we and you can terminate the contractual relationship extraordinarily, as far as we do not let the contractual relationship continue on former conditions (old revision of User Agreement).

2. Service description

2.1 General provisions

We offer you a mediation platform for artworks, such as painting, graphics, drawings or collages. We do not expressly deal with photographic art, prints, sculpture and other types of fine arts. Here you can present your works (paintings), look for potential buyers and contact them. As an interested person you have an opportunity to look for interesting offers on our platform and purchase them from the respective supplier.

2.2 Performance

We have the right to transfer the execution of the agreement or its part to a third party.

2.3 Term of performance of contractual obligations

If not otherwise specified, we provide our service by activation of your account after registration.

2.4 Right of one party to refuse performance of the contractual obligations until the performance of obligations by the other party

You can state your right to refuse performance of your contractual obligation before the performance of the obligation of the other party only to such counterclaims that are due and based on the same legal relationship as your obligation.

3. Your responsibility

3.1 General provisions

You are solely responsible for the content and accuracy of the data, contributions and information you submit. This content may not violate the applicable laws and this User Agreement (Terms and Conditions). You also undertake not to transmit any data, whose content violates the rights of third parties (such as personal rights, name rights, trademark rights, copyrights, etc.). In particular, contributions with criminal content may not be published or untrue facts cannot be published.

3.2 Exemption of claims

You shall release us from any claims from third parties against us for such violations. This also concerns the reimbursement of expenses for the required legal support.

3.3 Data backup

You are jointly responsible for the security of the transmitted information. We cannot be held responsible for the loss of your transmitted information as we do not provide a general data protection guarantee.

3.4 Mandatory data for published advertisements

As an advertisement publisher, you must assure that you have provided all the necessary data for your advertisements (in particular, legal information, transaction cancelation terms with cancelation form, information about the price and VAT). We are not a party of the agreement when the agreement is concluded through our platform, we only provide the platform to publish advertisements and establish contacts.

3.5 Abusive advertisements

Malicious content and advertisements will be blocked or deleted by us without prior notification. This includes content with violations in the following cases:

• wrong and / or misrepresented information,
• content (as example, sculpture or photography, tapestry, artworks from materials such as: shells / stones / glass beads/ wood, Digital Art, printed paintings (Prints), souvenir products), which does not belong to the main categories of our platform: painting, graphic, drawing, collage,
• spamming,
• sending and saving of infringing, obscene, threatening content or content that otherwise violates third parties’ rights,
• sending and saving of viruses, worms, Trojans and malicious computer codes, files, scripts, agents or programs,
• upload of programs that may affect, disturb or impair or prevent platform functionality,
• attempt to receive or provide to third parties unauthorized access to our service, individual modules, systems or applications,
• content with the scenes of violence, pornographic, insulting or criminal content.

In case of repeated violations, we reserve the right to ban or delete your account. Certain erotic contents will be displayed in veiled form.

3.6 Profile data

You are obliged to keep up to date the content and profile information you have posted, and to inform us immediately about an abuse of your profile.

3.7 Disputes

As soon as it becomes known that your content or messages violate the provisions of the User Agreement (Terms and Conditions) or applicable laws (in particular, copyright), we are entitled to block or delete content. As soon as grounds for such suspicions are transferred to us by third parties, we, upon the consent of both parties, can promote the establishment of contact between parties to the dispute. However, advertisements will remain blocked and unavailable to platform users until the situation is finally clarified. We, as the platform provider, shall not be involved in the clarification of the matter and in the parties’ relationships and will have performed our obligation of involvement by the establishment of contact between dispute parties. In case of refusal to establish contact between dispute parties, the user (owner of the contested content) may clarify his position to us in a detailed and clear manner and refute the complaints concerning the content.

4. Termination of an account (free-of-charge use agreement)

The use agreement is concluded for an indefinite term. It commences with the account activation and may be terminated by you at any time by deleting your profile using a standard account deletion procedure or by giving us a written notice. We reserve the right to delete incomplete user accounts that have been inactive for at least six months. When the free-of-charge use agreement is terminated, the profile and account-related content are also deleted.

5. Content usage

By publishing content in the database, you grant us the right to use this content indefinitely for the purposes of setting and keeping in the database and retrieving and storing it by third parties. In particular, you grant us the right to: store, reproduce, keep available, transfer, publish and use the content provided by you as links. It can also be done by or in the form of advertisements (in particular, adding of links or publishing in social networks, usage for commercials, usage for our own website, for our accounts/profiles in social networks or in print form, etc.) by us or through third parties. We also have the right to edit the content, especially if it does not meet the above requirements of these terms.

6. Usability of the services

6. Further development of the service / availability

We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services insofar as such changes do not affect the core services and are reasonable for the customer taking into account the interests of the contractual partner. We are also entitled to interrupt the website operation for purposes of updating and maintenance partially or completely within reasonable limits. We also do not guarantee the availability of the services offered at any time and do not guarantee that the services offered or parts thereof are available and may be used from any location. Your warranty rights are not affected by this.

6.2 Technical requirements

Use of the website requires compatible devices. It is your responsibility to set up the device in a condition that enables the usage of the website services.

7. Responsibility

7.1 Disclaimer

We and our legal representatives and agents are liable only for intent or gross negligence. If this concerns essential contractual obligations (including obligations whose performance is crucial for achieving agreement aims), there shall also be responsibility for minor negligence. The liability is limited to the foreseeable contract typical damage. We shall be responsible towards entrepreneurs in case of gross negligent violation of minor contractual obligations only to the extent of the foreseen contract typical damage.

7.2 Liability

The above disclaimer of liability does not include liability for damage resulting from injury to life, body or health. The provisions of the Product Liability Act remain unaffected by this disclaimer.

7.3 Data backup

We make effective backups as part of the provision of services, but do not assume any general data security guarantee for the data you provide. You are also responsible to make periodically appropriate backups of your data to prevent data loss. We will exercise reasonable care in providing the agreed service and will provide data backup with the required expertise. However, we do not warrant that the stored content or data you access will not be accidentally damaged or corrupted, lost or partially removed.

7.4 Liability for content

As operator of the website, we are not liable for incorrect information provided by users in their content or profiles. A review of the content posted on our site (in particular with regard to the infringement of rights of third parties) does not take place. However, should we become aware of any incorrect, inaccurate, misleading or unlawful information, we will review it immediately and remove it if necessary. Besides, we do not guarantee the accuracy, relevance, completeness, quality or legality of content not created by us. We only provide our platform.

8. Final provisions

8.1 Jurisdiction

Official location of our company is the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.

8.2 Applicable law

Insofar as mandatory statutory provisions in accordance with your national law do not preclude, German law shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods.

8.3 Settlement of disputes with consumers

The EU Commission has created an internet platform for online settlement of disputes concerning contractual obligations under online agreements (ODR Platform = Online Dispute Resolution Platform). You can obtain access to the ODR platform under the following link: http://ec.europa.eu/consumers/odr/. We are not ready or obliged to participate in the settlement of disputes involving mediation (arbitration) commission for consumer disputes.

8.4 Severability clause

If individual provisions become ineffective, it does not have any influence on the effect of other provisions of the User Agreement (Terms and Conditions).